Observations focused on the problems of an underdeveloped country, Venezuela, with some serendipity about the world (orchids, techs, science, investments, politics) at large. A famous Venezuelan, Juan Pablo Perez Alfonzo, referred to oil as the devil's excrement. For countries, easy wealth appears indeed to be the sure path to failure. Venezuela might be a clear example of that.

Archive for April 1st, 2004

Venezuela is now so polarized that not even our poor judicial system has been immune to politics. Case in point is that of Baruta Mayor Henrique Capriles. The events of the last few weeks have gone something like this:

-Prosecutor Danilo Anderson the star prosecutor for all political cases in the Attorney Generalís office, despite the fact that he is an environmental prosecutor, calls Baruta Mayor to testify, as a witness, about the events at the Cuban Embassy in April 2002 when Chavez was briefly overthrown. The prosecutor claims Capriles was later summoned twice as a suspect, but never showed up.

-The prosecutor, via the control Court #40, which is also the once that has been used for political cases, issues an arrest warrant for Capriles.

-Capriles goes into hiding, while his lawyers attempt to get a hold of the file to study the charges against Capriles, they are refused the case file repeatedly. Capriles never turns himself in.

-Two leaders from Primero Justicia, Caprilesí party, are kidnapped and tortured by unknown individuals. They say that during the three days of captivity, they were repeatedly asked to reveal Caprilesí whereabouts.

-Caprilesí lawyers go to the Penal Hall of the Venezuelan Supreme Court. The case is assigned to Justice Alejandro Angulo. Angulo writes a decision reassigning the case to a different control Court but ratifying the arrest order. The decision is turned down by the other two judges of the Hall. The case is reassigned to Justice Blanca Marmol de Leon

-Judge Marmol de Leon, rules today, reassigning the case and suspending the arrest order. The Justice says Capriles had responded to all summons and states the arrest decision should not have proceeded. Moreover, says the Judge, Capriles could have been tried while free since, given his position as Mayor of Baruta, there was no flight risk as claimed by the court and the prosecutor.

-The Attorney General/Prosecutor Isaias Rodriguez, who is sometimes extremely slow to speak out, defend the law or a give opinions, very quickly issues a press release saying that the procedure followed by the Penal Hall of the Supreme Court should not have been followed, because there were no irregularities to correct. He adds that the decision is based on false facts and there was no denial of due process by his Office.

Now, I am definitely not a lawyer to say whether on side is right or not on the detailed legal aspects of the procedures. However, there is something very sinister, in my opinion, about arguing that the Mayor is a flight risk, the fact that it is prosecutor Anderson that is doing the accusations, the fact that the Attorney General is so quick to criticize the Supreme Court on the case and the fact that Caprilesí lawyers have had no access to his case file. This is simply another case in which the opposition thinks Capriles arrest order is politically motivated, but the Government would argue it simply involves a guilty politician.

Neither the Consejo Nacional Electoral (CNE) nor government representatives went today to the conciliation meeting called by the Electoral hall of the Supreme Court to attempt to resolve the problem with the signatures declared under observation by the CNE, but declared valid by the Electoral Hall.

The CNE legal counsel and former President of the national assembly both argued that the decision by the Electoral hall has no validity and that they will only obey whatever the Constitutional Hall says.

The opposition did attend the meeting and said that this shows the Government does not want any form of dialogue or negotiating. Ramon Jose Medina who requested the injunction from the Electoral Hall said that the latest decision by the Constitutional hall has no legal validity as it has yet to be published and the dissenting opinion is not known.

OAS and CarterCenter representatives were not present due apparently to the fact that they are not in the country at this time.

This is a variation of something that has circulated in Spanish for a while, I have never been happy with the translation I made, but here it is. Read down and you will read the promises of this Government:

In our political party

We fulfill our promises

Only the stupid can believe that

We will not fight corruption

Because if there is something true for us it is that

Honesty and transparency are fundamental

To reach our ideals

We will show that it is very stupid to believe that

The mafias will continue being part of our Government like in past times

This is a variation of something that has circulated in Spanish for a while, I have never been happy with the translation I made, but here it is. Read down and you will read the promises of this Government:

In our political party

We fulfill our promises

Only the stupid can believe that

We will not fight corruption

Because if there is something true for us it is that

Honesty and transparency are fundamental

To reach our ideals

We will show that it is very stupid to believe that

The mafias will continue being part of our Government like in past times

As part of its recent decision on the petition for Chavez’ recall, the Electoral Hall of the Venezuelan Supreme Court, invited all parties concerned for tomorrow for a conciliation session. The way I understand it, the Hall in its last sentence encouraged all sides to negotiate, if they do not, then the Hall can force one or all sides to abide by its decision and immedaitely implement whatever was decided by it.

Separately, the Constitutional Hall admitted the request by Chvaez’ Ayacucho commitee to look into the case, intensifying the conflict bewteen the two Halls.

For almost two years I have been trying to explain to you what is happening in Venezuela. Tonight, the Venezuelan soccer team,. a country with no soccer tradition, beat Uruguay, a country with a great soccer tradition, by 3-0 in the Montevideo soccer stadium. The match was part of the World Cup qualifying process. As if this was not enough, the Venezuelans played a very good game, solid in defense and offense, this was no fluke. The victory is likely to be the most significamt victory in the country’s short soccer history.